79-D:1 Declaration of Public Interest. – It is hereby declared to be in the public interest to encourage the preservation of historic agricultural structures which are potentially subject to decay or demolition, thus maintaining the historic rural character of the state’s landscape, sustaining agricultural traditions, and providing an attractive scenic environment for work and […]
79-D:10 Exemption for Eminent Domain. – If any of the property which is subject to a discretionary preservation easement is condemned by any governmental agency or is acquired through eminent domain proceedings, the local governing body shall execute a release of the easement to the owner. None of the liquidated consideration provisions of RSA […]
79-D:11 Local Preservation Easement Programs. – This chapter shall not be construed to limit the development of any other state, county, town, or city easement program for preservation, conservation, or other purposes. Source. 2002, 86:1, eff. July 2, 2002.
79-D:12 Lien for Unpaid Taxes. – The real estate of every person shall be held for the taxes levied pursuant to RSA 79-D:8. Source. 2002, 86:1, eff. July 2, 2002.
79-D:13 Enforcement. – All taxes levied pursuant to RSA 79-D:8 which are not paid when due shall be collected in the same manner as provided in RSA 80. Source. 2002, 86:1. 2004, 203:14, eff. June 11, 2004.
79-D:14 Rulemaking. – I. The commissioner of the department of revenue administration shall adopt rules, pursuant to RSA 541-A, relative to: (a) The application procedures under RSA 79-D:4. (b) The payment and collection procedures under RSA 79-D:9. II. The commissioner of the department of natural and cultural resources shall adopt such rules as may […]
79-D:2 Definitions. – In this chapter: I. " Discretionary preservation easement " means a preservation easement of an historic agricultural structure, including the land necessary for the function of the building, granted to a city or town for a term of 10 or more years. II. " Public benefit " shall have the meaning […]
79-D:3 Qualifying Structures. – I. Any owner of an historic agricultural structure who wishes to maintain the structure in a use consistent with the purposes of this chapter may apply to the governing body of the municipality in which the property is located to convey a discretionary preservation easement to the municipality. II. A […]
79-D:4 Application Procedure. – I. Any owner of an historic agricultural structure which meets the tests of public benefit in RSA 79-D:3, II may apply to the governing body to grant a discretionary preservation easement to the municipality, agreeing to maintain the structure in keeping with its historic integrity and character during the term […]
79-D:5 Approval, Denial. – I. If, after a duly noticed public hearing, the governing body finds that the proposed preservation of such historic agricultural structure is consistent with the purposes of this chapter, it may take steps to acquire a discretionary preservation easement as provided in this chapter. In exercising its discretion, the local […]
79-D:6 Terms; Recording. – Any preservation easement acquired by the municipality pursuant to this chapter shall be for a minimum of 10 years. The easement terms shall include the method of assessment pursuant to RSA 79-D:7 and the terms of renewal pursuant to RSA 79-D:8, III. The local governing body shall provide for the […]
79-D:7 Assessment of Property Subject to Discretionary Preservation Easement. – I. The method of assessment of discretionary preservation easement structures shall be included as a term of the agreement in any discretionary preservation easement acquired by a municipality. Assessment shall fall within a range, one end of which shall be 75 percent of the […]
79-D:8 Release of Easement, Expiration, Renewal, Consideration. – I. Any property owner who has granted a discretionary preservation easement to a municipality pursuant to the terms of this chapter, after the effective date of this chapter, may apply to the local governing body of the municipality in which the property subject to a discretionary […]
79-D:9 Payment; Collection. – I. If a consideration is due under RSA 79-D:8, I, the assessed value shall be determined as of the actual date of the release or expiration. Any consideration is in addition to the annual real estate tax imposed upon the property, and shall be due and payable upon the release […]
